Export-Import Bank of Malaysia Bhd v Hisham Sobri & Kadir [2018] 7 CLJ 197

COUNSEL & SOLICITOR:
Lim Kian Leong (Foo Siew Yin with him) (Lim Kian Leong & Co) for the defendant.

HIGH COURT

PARTNERSHIP: Liabilities of partners – New partners – Firm of advocates and solicitors – Negligence and breach of contract – Company’s cause of action stemmed from firm’s act of issuing drawdown advice resulting in losses – Whether new partners were partners of firm at material time – Whether offence committed before new partners admitted as partners – Partnership Act 1961, s. 19(1) – Whether court has discretion to evaluate facts to determine liability of partner – Rules of Court 2012, O. 77 r. 4

CIVIL PROCEDURE: Striking out – Res judicata – Applicability – Whether instant suit one of several suits involving same subject matter – Whether cause of action obviously unsustainable – Whether action ought to be struck out – Rules of Court 2012, O. 18 r. 19(1)(a), (b) (d)

LIMITATION: Action – Accrual of – Starting point from which cause of action would run – Applying tests in Kamariyah Hamdan and Abdul Aziz Hassan – Whether more than six years had elapsed – Whether claim statute barred – Limitation Act 1953, s. 6(1)